Drunk Driving FAQs

1. Is it possible to defend a charge of Drunk Driving, Boating, or Flying?
      Absolutely! Remember, the burden of proof is on the State to prove you guilty.
   
   
2. The officers have a video on me, does this make my case more difficult?
      No. In fact, in most cases a knowledgeable lawyer can make a video work for you, not against you.
   
   
3. Is it possible to defend a Drunk Driving Charge even if I took the breath test?
     Yes. We have had juries return not guilty verdicts in breath test cases. In fact, some of those cases involve results of two to three times the Texas legal limit of .08.
   
   
4. A lawyer told me once to always refuse the breath test, but the police have charged me anyway. Can the police do this?
     Yes. In Texas, a person may be charged with DWI if an officer believes that person drives without the normal use of his mental or physical faculties due to alcohol or a drug or a combination of the two.
   
   
5. I refused to take the breath test. Can the fact of my refusal be admitted in court?
      Yes. This is why in most cases its advisable to take the breath test if you've only had a small amount to drink.
   
   
6. I had an accident, and officers asked me to submit to a blood test. Can they do this?
      Yes. Officers have a choice of asking for either a blood or breath test.
   
   
7. Is it possible to defend a blood test case?
     Yes. Although blood test cases are particularly demanding of a lawyers skill, these can be defended in a variety of ways. Such cases are unique and demand a complete investigation by a skilled lawyer.
   
   
8. I was charged with DWI even though I was taking medication under doctor's orders. Can they do this?
      Yes, but there are a number of proper ways to handle these types of cases. Again, these demand a lawyer's knowledge, skill and experience.
   
   
9. What are the field sobriety tests?
     There are three standardized field tests that most officers use. These include the HGN (eye) test, the walk and turn test, and the one leg stand.
   
   
10. Do officers have standards for judging these tests?
       Yes. In fact, the standards are nationally recognized and adopted Likewise, its proper for juries to judge how professional or unprofessional an Officer is by how well the officer adhered to the standards in your situation.
    
    
11. It is possible to win a driving license suspension hearing?
      Yes. In fact, these hearings are a gold mine of information for the skilled DWI Lawyer. Always hire a lawyer who will represent you in these hearings AND who will subpoena the officer to the hearing!
    
    
12. The officers confiscated my driver license. If you win my driving license hearing, will you demand the officers return my license?
      Absolutely. With pleasure, we might add.
    
    
13. I drive in my employment. If I loose my driving license suspension hearing, but win a verdict of 'not guilty' in court, can my driving license suspension be vacated at that time?
       Yes. It is with professional pride that we demand that the driving license suspension be vacated after a jury finds our clients 'not guilty' of DWI.
    
    
14. Can my criminal record be 'expunged' after being charged and acquitted with DWI as well as having my driver license suspended?
      In most situations, yes.